97.44(3)
(3) As used in this section, "animals" means cattle, sheep, goats, swine, equines, farm-raised deer, as defined in
s. 95.001 (1) (ag), and poultry, except in the phrase "animal feed manufacturers".
97.44 Cross-reference
Cross-reference: See also ch.
ATCP 57, Wis. adm. code.
97.45
97.45
Labeling of horsemeat. 97.45(1)
(1) No person shall sell any horsemeat, unless it is conspicuously labeled, marked, branded or tagged "horsemeat" or, in case horsemeat is used as an ingredient in any animal or human food, unless such food is conspicuously labeled to show the presence of horsemeat.
97.45(2)
(2) Whoever violates this section is guilty of a Class H felony.
97.45 History
History: 1977 c. 216 s.
4; Stats. 1977 s. 97.45;
1985 a. 229;
1997 a. 283;
2001 a. 109.
97.45 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.46
97.46
Sale of certain foods regulated and restricted. 97.46(1)(1) No person may, by himself or herself, or by his or her agents or servants, manufacture, sell, ship, consign, offer for sale, expose for sale or have in his or her possession with intent to sell for use or consumption within this state, any article of food within the meaning of
s. 97.01, which contains formaldehyde, sulfurous acid or sulfites, boric acid or borates, salicylic acid or salicylates, saccharin, dulcin, glucin, beta naphthol, abrastol, asaprol, fluorides, fluoborates, fluosilicates or other fluorine compounds, or any other preservatives injurious to health. Nothing contained in this section prohibits the use of common salt, saltpeter, wood smoke, sugar, vinegar and condimental preservatives, such as turmeric, mustard, pepper and other spices. No person by himself or herself, or by agents or servants, may manufacture, sell, ship, consign, offer for sale, expose for sale or have in his or her possession with intent to sell for use or consumption within this state, any article of food within the meaning of
s. 97.01, containing any added substance, article or ingredient possessing a preservative character or action other than the common salt, saltpeter, wood smoke, sugar, vinegar and condimental preservatives such as turmeric, mustard, pepper and other spices, unless the presence, name and proportionate amount of the added substance, article or ingredient is plainly disclosed to the purchaser.
97.46(2)
(2) This section shall not be construed to prohibit the sale of dietary foods containing saccharin in containers labeled in accordance with
s. 97.03, nor the use of sulfur dioxide or sulfites as anti-oxidants in the processing of potatoes, frozen apples, grape juice, reconstituted lemon juice or reconstituted lime juice provided such foods contain not more than 350 parts per million SO2; nor the use of sulfur dioxide in molasses or in the processing of dried fruits, dried vegetables, pickled vegetables or fruit pectin in amounts no more than may be necessary in good manufacturing practice. Any person who refreezes or offers for sale any refrozen fruit containing sulfur dioxide or sulfites as anti-oxidants in not more than 350 parts per million, may be fined not less than $100 nor more than $500 or imprisoned not more than 3 months or both, and for each subsequent offense may be fined not less than $500 nor more than $1,000 or imprisoned in the county jail not less than 6 months nor more than one year. The department may promulgate rules limiting the quantity therein for any such dried fruit, dried vegetables, pickled vegetables, fruit pectin or molasses.
97.46 History
History: 1971 c. 156,
286,
307;
1979 c. 89.
97.47
97.47
Benzoic acid in foods. No person shall sell, offer, or expose for sale or have in possession with intent to sell for use or consumption in this state, any meat products or dairy products that contain added benzoic acid or benzoates; or any other article of food as defined in
s. 97.01 that contains added benzoic acid or benzoates in excess of one-tenth of one percent. The presence shall be stated on the label. When in the preparation of food products for shipment they are preserved by any external application of benzoic acid or benzoates in such a manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, this section shall be construed as applying only when said products are ready for consumption.
97.47 History
History: 1971 c. 156,
286,
307;
2009 a. 177.
97.48
97.48
Dairy products, adding foreign fats; oleomargarine permitted. 97.48(1)(a)(a) In this subsection "dairy product" means all of the following:
97.48(1)(a)3.
3. "Yogurt", "lowfat yogurt" and "skim milk yogurt" or "nonfat yogurt" as described by rule by the department.
97.48(1)(b)
(b) No person may sell any food product that is made to resemble a dairy product unless:
97.48(1)(b)1.
1. The food product bears a statement on the main display panel of the package or container stating that the food is an artificial product in letters not less than one-half the size of the product name, but in no case may the letters be smaller than 18 point type size; and
97.48(1)(b)2.
2. The label on the food product clearly states the major differences in ingredients and nutritional value between the artificial product and the dairy product it is made to resemble.
97.48(1)(c)
(c) A food product is made to resemble a dairy product if any of the following occurs:
97.48(1)(c)2.
2. The packaging used resembles the packaging used for a dairy product.
97.48(1)(c)3.
3. The food is displayed in a retail establishment in the same manner as a dairy product.
97.48(1)(c)4.
4. Verbal or pictorial expressions are used on the food's labeling or in advertisements or other similar devices used to promote the food that state or imply that the food is a dairy product.
97.48(1)(d)
(d) The department may adopt rules that are needed to implement and administer this subsection.
97.48(2)
(2) This section does not prohibit the manufacture or sale of proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat when such foods are clearly labeled to show their composition and the fact that they are to be sold exclusively for use as directed by physicians.
97.48(3)
(3) This section does not prohibit the manufacture or sale of oleomargarine or margarine.
97.48(4)
(4) The sale or serving of any product for use as a coffee cream or whitener in any restaurant or public eating establishment, other than cream, half and half or lighter varieties of cream, is prohibited. This subsection shall not apply to coffee whitener sold or dispensed by a vending machine provided such machine bears a prominently affixed label or legend stating that the coffee whitener sold or dispensed is not a dairy product or is an imitation dairy product.
97.48 Annotation
Although sub. (4) achieves the legitimate state interest of preventing fraudulent substitution of nondairy whiteners for cream without the knowledge or assent of the restaurant consumer, the statute imposes a clearly excessive burden upon interstate commerce. Coffee-Rich, Inc. v. Department of Agriculture,
70 Wis. 2d 265,
234 N.W.2d 270 (1975).
97.50
97.50
Adulterated, insanitary milk. 97.50(1)
(1)
Insanitary milk. Milk which is drawn from cows kept in a filthy or unclean condition; or milk drawn from any sick cow or cow having running sores; or milk drawn from cows fed unwholesome food or on refuse or slops from distilleries or vinegar factories, unless such refuse or slop is mixed with other dry sanitary grain or feed to a consistency of thick mash; or milk drawn from cows within 15 days before or 5 days after calving; or milk which is drawn from cows that are kept in barns or stables which are not reasonably well lighted and ventilated, or that are kept in barns or stables that are filthy from an accumulation of animal feces and excreta or from any other cause; or milk to which has been added or into which has been introduced any coloring matter or chemical or preservative or deleterious or filthy substance; or milk kept or transported in dirty, rusty or open-seamed cans or other utensils; or milk that is stale, putrescent or putrid; or milk to which has been added any unclean or unwholesome substance; or milk contaminated by being kept in stables or barns occupied by animals, or kept exposed in dirty, foul or unclean places or conditions, is declared to be insanitary milk.
97.50(2)
(2) Insanitary cream. Cream produced from insanitary milk; or cream produced by the use of a cream separator, which had not been thoroughly cleansed and scalded after last previous use; or cream produced by the use of a cream separator placed or stationed in any unclean or filthy place or in any building containing a stable wherein animals are kept, unless such separator is so shielded by partition from the stable portion of such building as to be free from all foul or noxious air or gases which issue or may issue from such place or stable; or cream that is stale, putrescent or putrid; or cream that is kept or transported in dirty, rusty or open-seamed cans or other utensils; or cream that has been kept exposed to foul or noxious air or gases in barns occupied by animals, or in foul or unclean places or conditions, is hereby declared to be insanitary cream.
97.50(3)
(3) Adulterated milk. Any insanitary milk or any milk containing less than 3% of milk fat; or milk containing less than 8.25% of milk solids not fat; or milk which contains or to which has been added or into which has been introduced any foreign substance is adulterated milk.
97.50(4)
(4) Adulterated cream. Any insanitary cream or any cream containing less than 18% of milk fat; or any cream produced from adulterated milk; or any cream which contains or to which has been added or into which has been introduced any foreign substance is adulterated cream.
97.50(5)
(5) Sale of certain pasteurized milk or cream not prohibited. This section does not prohibit the sale of pasteurized milk or cream to which viscogen or sucrate of lime has been added solely for the purpose of restoring the viscosity, if the same be distinctly labeled in such manner as to advise the purchaser of its true character.
97.50(6)
(6) Sale of certain skim milk not prohibited. This section does not prohibit the sale of skim milk when the same is sold as and for "skim milk".
97.50 Cross-reference
Cross-reference: See also ch.
ATCP 60, Wis. adm. code.
97.52
97.52
Insanitary or adulterated milk and cream; sale; delivery prohibited. It is unlawful to sell or offer for sale, furnish or deliver, or have in possession or under control with intent to sell or offer for sale, or furnish, or deliver as food for persons, or to any dairy plant any adulterated or insanitary milk or cream. The department shall establish sanitary standards for the production, handling and transportation of milk, and prescribe rules whereby the intake of each producer of milk shall be inspected, sampled and tested by the sediment, methylene blue, or other tests, and insanitary milk or cream shall be rejected as food for persons or to be processed or manufactured for food for persons, and shall be identified, in a manner that will not prevent its use as food for animals, and rules for the keeping of the test records, the prevention of further delivery of insanitary milk or cream by such producer, and the correction of the insanitary condition.
97.52 History
History: 1975 c. 94 s.
91 (10).
97.52 Cross-reference
Cross-reference: See also ch.
ATCP 60, Wis. adm. code.
97.53
97.53
Adulteration of meats. No person shall offer or expose for sale, take offers for, or sell, or have in his or her possession with intent to sell for consumption within the state any sausage or chopped meat compound containing any artificial coloring, or chemical preservative or antiseptic, except common salt, sodium or potassium nitrate, sodium or potassium nitrite, sodium ascorbate, ascorbic acid, spices or wood smoke. Ascorbic acid and sodium ascorbate shall be limited to use in cooked cured comminuted meat food products in the amount of three-fourths of an ounce of ascorbic acid or seven-eighths of an ounce of sodium ascorbate for each 100 pounds of fresh uncured comminuted meat or meat by-products and, when used, they shall be included in the statement of ingredients either as "ascorbic acid" or "sodium ascorbate" as the case may be.
97.53 History
History: 1993 a. 492.
97.56(1)(1) Under this section "kosher" means prepared in accordance with the Jewish ritual and sanctioned by Hebrew orthodox religious requirements.
97.56(2)
(2) No person may, with intent to defraud, do any of the following:
97.56(2)(a)
(a) Sell or expose for sale any meat or meat preparation, whether raw or prepared for human consumption, and falsely represent the meat or meat preparation to be kosher, and as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements.
97.56(2)(b)
(b) Falsely represent any food product or the contents of any package or container to be kosher and as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements, by having or permitting to be inscribed on the package or container the word "kosher" in any language.
97.56(2)(c)
(c) Sell or expose for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, unless all of that person's window signs and display advertising indicate, in block letters at least 4 inches in height, "Kosher and Nonkosher Meat Sold Here".
97.56(2)(d)
(d) Expose for sale in any show window or place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, unless the person displays over each kind of meat or meat preparation so exposed a sign in block letters at least 4 inches in height reading "Kosher Meat", or "Nonkosher Meat", as the case may be.
97.56(3)
(3) No person, with intent to defraud, may do any of the following:
97.56(3)(a)
(a) Sell or expose for sale in any such restaurant or other place where food products are sold for consumption on the premises, any article of food or food preparations that is falsely represented to be kosher and as having been prepared in accordance with the orthodox Hebrew religious requirements.
97.56(3)(b)
(b) Sell or expose for sale in any restaurant or other place both kosher and nonkosher food or food preparations for consumption on the premises when not prepared in accordance with the Jewish ritual and not sanctioned by the Hebrew orthodox religious requirements, unless the person's window signs and display advertising state, in block letters at least 4 inches in height, "Kosher and Nonkosher Food Served Here".
97.56 History
History: 1993 a. 492;
1997 a. 253.
97.57
97.57
Planted or cultivated rice. 97.57(1)(a)
(a) "Paddy-grown rice" means rice which is mechanically planted, mechanically harvested or cultivated with the use of chemical fertilizers or herbicides.
97.57(1)(b)
(b) "Wild rice" means rice which is not mechanically harvested and which is cultivated without the use of any chemical fertilizer or herbicide.
97.57(2)
(2) Any wholesaler or supplier who sells or offers for sale any paddy-grown rice which is not blended with any other rice may not label that paddy-grown rice "wild rice" unless he or she includes on the label, immediately before, after or above the largest words "wild rice", the word "paddy-grown" in legible, boldface print or type which is in distinct contrast to all other printed or graphic material on the label and in a type or print size which is not less than one-half the size of the largest type or print used in the words "wild rice" with which the word "paddy-grown" appears.
97.57(3)
(3) No wholesaler or supplier may sell or offer for sale any rice labeled "100% natural wild rice" unless that rice is wild rice which is not blended with any other rice.
97.57 History
History: 1987 a. 375.
97.60
97.60
Meat and poultry inspection fee. The department shall promulgate a rule specifying a fee to be used to fund meat and poultry inspection under
s. 97.42. In promulgating the rule, the department shall consult with representatives of industries and groups that would be affected by the fee. The department may not promulgate a rule under this section requiring a person operating a plant where animals are slaughtered to pay a fee based on the number of animals slaughtered. The department may not require payment of the fee under this section before July 1, 2010.
97.60 History
History: 2009 a. 28.
97.72(1)(1) Any person who violates any of the provisions of this chapter for which a specific penalty is not prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 6 months, for the first offense; and for each subsequent offense, fined not less than $500 nor more than $5,000, or imprisoned for not less than 30 days nor more than one year in the county jail or both.
97.72(2)
(2) In lieu of any criminal penalty provided under this chapter, a person who violates this chapter may be required to forfeit not more than $1,000 for each violation. If the prosecutor seeks to impose a forfeiture, he or she shall proceed under
ch. 778.
97.73
97.73
Injunction. In addition to penalties applicable to this chapter, the department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating provisions of this chapter and rules or orders issued under this chapter.
97.73 History
History: 1971 c. 156 s.
10; Stats. 1971 s. 97.73;
1983 a. 261.
